Rural Spring 1999 RESEARCH REPORT Volume 10, Issue 9 Published by the Institute for Rural Affairs Stipes Hall 518 Western Illinois University 1 University Circle Macomb, IL 61455-1390 309/298-2237 http://iira.org

Student Suicide and Illinois’ Small Schools: Breaking the Silence

by Steven D. Rittenmeyer J.D.1

Introduction

The Columbine High School massacre of 1999 seared the According to 1991 World Health Organization data, youth realization that today’s youth are more inclined than ever suicide in the past 35 years has increased at a greater rate than to turn to deadly violence to resolve their personal disputes for any other group: 300 percent for males and 230 percent for with others into America's collective consciousness. females. Moreover, a 1990 study reported that there are more Apparently lost in the collective rage against the teenage than 500,000 attempts each year, with approximately one in murderers is that, by killing themselves, they reaffirmed every 100 or 5,000 attempts completed annually (Jackson 1999). a second tragic phenomenon among our youth — that is, the perception that suicide is also a way to make one’s In 1998, the Centers for Disease Control and Prevention’s personal troubles disappear. Young urban and rural boys (CDC) Youth Risk Behavior Survey revealed that suicide is and girls are choosing this permanent solution to life’s the fourth leading cause of death among people ages 5 to 24 transitory problems in far less complex — and far lonelier in America, accounting for approximately 12 percent of all — circumstances. Most cases of youth suicide resemble deaths among the young. In its report, the CDC presented the death of Erin Lyn Melvin. the latest results of its survey of nearly 11,000 high school students (U.S. Department of Heath and Human Services In October 1996, in Galva, Illinois, an agricultural community 1998). The findings were as follows: of 2,700 in the western part of the state, high school principal Steve Johnson was informed that Erin was · Approximately 24 percent (2,617) of young people had threatening suicide. More specifically, as alleged in the thought seriously about suicide. lawsuit filed by Erin’s parents, he was made aware of a note · Females (30 percent) were nearly twice as likely as males in which the girl stated her intent to kill herself (Melvin v. (18 percent) to contemplate ending their lives. Galva 1997). Believing that there was no way she would · Approximately 18 percent (1,963) of those who had carry out the act, the principal responded by writing a note contemplated suicide had progressed in their thoughts to to a counselor, who was away at a meeting, directing him to the point of crafting a plan to carry out the act. see Erin first thing the next morning. He did not summon Erin from class to his office, nor did he try to contact her parents · During the 12 months prior to the survey, 9 percent (981) or anyone else at the time. Upon arriving at school the had attempted to kill themselves. following morning, Mr. Johnson learned that thirteen-year old · Approximately 3 percent (327) had perpetrated attempts Erin had hung herself in the closet of her bedroom at her which caused injury, poisoning, or overdose serious home the previous evening (Johnson deposition 1998). enough to require medical attention.

1Author is Professor in the Department of Educational Administration, Western Illinois University, and of counsel to Robbins, Schwartz, Nicholas, Lifton, and Taylor, Ltd. This effort is dedicated to Tom and Eunice Hutson and to the memory of their beloved son Trent, 1978-1998. The author wishes to gratefully acknowledge the assistance of Ms. Suzan Nash, Executive Director, Western Illinois Regional Council/Community Action Agency and Dr. David Turner, Executive Director, Illinois Principals Association. Support for this research was provided by the Illinois Institute for Rural Affairs. Any views expressed in this report belong solely to the author and do not necessarily reflect those of the Illinois Institute for Rural Affairs or Western Illinois University. Layout by Darrell Sutton.

1 Research Objective and Method

During the summer of 1998, the Illinois Principals Association Small Districts are comprised of fewer than 1,000 students (a (IPA) and the Illinois Institute for Rural Affairs (IIRA) at subcategory of the small district group, labeled Rural Districts, Western Illinois University jointly sponsored a survey of the are those with 500 or fewer students in attendance); Mid-Size state’s public school principals. The purpose was to gather Districts range between 1,000 and 2,500 students; and Large baseline data regarding the incidence of suicidal behavior Districts are those with more than 2,500 enrollment. A among Illinois public school students, along with information breakdown of the categories shows that Small Districts made concerning various legal and policy implications. up 60 percent of the respondents, of those 32 percent fit into the subcategory of Rural Districts. Mid-Size Districts accounted Surveys mailed to the 1,847 members of the Illinois Principals for 30 percent of the responses, and Large Districts accounted Association generated 462 (25 percent) responses. Three for 10 percent. analytical categories were created based on total enrollment by district. Survey Results

In the past five years, more than 80 percent of the districts had In the Rural District subcategory, the data are even more not had a student suicide. Of the districts reporting student unsettling. The 148 reporting districts with fewer than 500 suicides, approximately 11 percent had experienced a single students are equivalent to 32 percent of the total respondents. event, while the remaining 9 percent experienced multiple Of that group, 15 reported student suicides totaling at least deaths. Suicide attempts appear to be more widely spread, 24 student deaths in the past five years. This group of the with 56 percent of the respondents reporting such incidents. smallest schools which report suicides represents 3 percent Of this group, 42 percent reported multiple attempts. of the total number of schools participating in the survey; however, the number of deaths reported constitutes 18 Suicides percent of the total. The total number of reported suicides was 133 during the five- Suicide Attempts year period (Table 1). Of that number, 38 (29 percent) occurred in Small Districts, fifty-two (39 percent) happened in A conservative estimate is that at least 236 districts (56 Mid-Size Districts, while Large Districts reported 43 (32 percent) reported more than 900 attempted student suicides percent). Among the approximately 80 districts reporting in the five years preceding the study (Table 2). A categorical student suicides, 26 (33 percent) are in the Small District breakdown finds 28 Large Districts reporting more than 200 category. That figure in itself is not disproportionate; however, attempts, 72 Mid-Size Districts reporting over 300, and 136 when enrollment differentials among the three district Small Districts reporting almost 400 incidents. In the Rural categories are considered, the figure is noteworthy. The 26 District subcategory, approximately 54 percent of the Small Districts reporting student suicides amount to 9 percent respondents said that none of their students had attempted of the respondents in this category and 6 percent of the total. suicide; however, 66 districts documented at least 165 In terms of suicide rates, Small Districts report a minimum of incidents. These data conservatively show that the 32 percent 38 self-inflicted deaths, or 29 percent of the total of 133. Thus, of schools in Illinois defined as small account for 40 percent according to these data, 6 percent of the school districts in of all the attempted student suicides in the five years preceding Illinois have experienced 29 percent of the student suicides this study. Moreover, 16 percent of schools in the smallest over the past five years. And, surprisingly, these are the category experienced 18 percent of the attempts. smallest districts. Table 2. Reported Suicide Attempts by District Size Table 1. Reported Suicides by District Size District Size Reported Attempts District Size Reported Suicides Small District 388 Small District 38 Rural District 165 Rural District 24 Mid-Size District 307 Mid-Size District 52 Large District 212 Large District 43 Source: Illinois Principal Survey, 1998 Source: Illinois Principal Survey, 1998

2 Demographics level of participation among staff, it is a fair conclusion that the lack of specialized staff, such as counselors and The demographics of the suicide phenomenon among social workers, in rural areas leads to the greater Illinois students reveal some very clear trends. First, there involvement by faculty and building administrators. is a wide age range among the survey respondents encompassing literally all ages of students. In addition, as A second question sought information about who received reported in the Centers for Disease Control data, females training. Among all respondents, 72 percent of counselors are clearly more apt to attempt to kill themselves. In the had training, followed by social workers at 64 percent, present study, including multiple attempts by the same school psychologists at 45 percent, principals with 40 student, 278 (126 percent) reported incidents involved percent, and teachers with 31 percent. This stark difference girls, while 160 (73 percent) involved boys. The most between the level of actual staff involvement and training frequent age is 16, while the median age is 14.5. was prevalent throughout districts of all sizes. Risk Factors Policy and Practice To Deal with Student Suicide Risk factors for suicide attempts are revealing. In all three The Illinois survey also inquired about established methods categories of schools, depression is present in more than of dealing with both actual and threatened suicides. Overall, 90 percent of cases. New or increased use of drugs or just 28 percent of the respondents reported operating alcohol is the second or third ranked factor across the pursuant to a formal policy; whereas, approximately 57 categories. In the lower grades, clinically diagnosed percent said they were directed in their response by psychological problems and the loss of parents due to informal policy or past practice. A total of 13 percent death also figure prominently. At the high school level, reported no policy guidance at all. romantic disappointment and the loss of a friend by suicide replace psychological problems and parental loss A categorical breakdown revealed that the larger the as the most significant determinants of risk for self- district, the greater the chances of formal policy direction. inflicted harm. A composite of the demographic information Well over 50 percent of the Large Districts reported formal and the stated risk factors shows that a depressed, 16 policies. The Mid-Size and Small Districts followed with 41 year old girl with a history of substance abuse and/or percent and 34 percent respectively, while in the rural disappointment in romance is at the highest risk to injure group, only 27 percent of the respondents said that their or kill herself. The risk factors and demographics were districts had taken the time to promulgate a formal policy. quite consistent across the district categories. Any As one would expect, the converse is true when it comes differences did not appear to be significant. to the lack of formal guidance, with 28 percent of the smallest districts operating on an ad hoc basis. Staff Involvement and Training Lawsuits The survey asked which staff members had been involved with student suicides and/or attempts at suicide. Overall, During the five-year period, a total of seven lawsuits the responses showed that counselors had the greatest against schools resulted from the suicides and attempted level of involvement at 77 percent, followed by teachers at suicides. The 462 respondents reported a minimum of 133 72 percent, principals at 63 percent, and social workers at deaths and at least 900 documented suicide attempts by 52 percent. Principals become the most involved when students. Only one suit had been filed against a Small there is a threatened suicide. In these incidences, the District. None occurred in the rural subcategory. In the few principal is involved 86 percent of the time, and teachers instances in which civil actions followed a student death have the second highest rate at 80 percent. Counselor and or self-inflicted injury, the result was unfavorable to the social worker involvement with threatened suicides occurs defendant district on five occasions. in roughly 70 percent of the reported cases. These overall The survey sought to determine the possible driving patterns differ somewhat in Small District settings. forces in parental decisions to sue by asking what type of In Small Districts, principals maintained the highest level criticism districts had received in the wake of a student of school personnel involvement in attempted or threatened death. The responses showed that in all seven cases, the suicide with a 90 percent rate. Teachers, however, are the school districts were criticized for failing to refer troubled most involved in incidents of actual student suicide with students for counseling prior to the death. The second an 86 percent response to the survey question. Teachers most stated criticism was the lack of parental notice of also are involved in approximately 80 percent of the their child’s suicidal ideations while at school. Finally, threatened/attempted suicides by students in Small there was criticism of school failure to notify parents of Districts. Even though the survey did not investigate the changes in attitudes and moods.

3 Analysis of Legal Principles

Case Law 447 [1991]), advanced the rights of recovery for plaintiffs and limited the protection afforded school defendants by the Case authority in this area of law is inconsistent; however, Bogust decision. The facts involved a thirteen-year-old girl several principles have evolved which provide guidance for who became obsessed with satanism and self-destruction. educators. The first recorded appellate court decision in a During the week prior to her death in a murder-suicide pact lawsuit involving a student suicide is that of the Wisconsin with another teenager, the girl revealed her plans to friends, Supreme Court in the case of Bogust v. Iverson (10 Wis2d who told the school counselor. He called the girl into his office 129, 102 NW2d 228 [1960]). This case ensued in the wake of and confronted her with the information. She denied any the suicide of a college student following the termination of a suicidal ideations. The school counselor did not report any of professional relationship by her school counselor and his these events to the girl’s parents. Significant in this case was failure to either refer the student for psychiatric evaluation or the existence of a state Youth Suicide Prevention law and notify her parents of her emotional problems. The court found regulations. In conjunction with the state mandates, the local for the counselor and refused to impose a legal duty upon school board had promulgated a “suicide prevention” policy. such persons to recognize in a student a condition which In upholding the parents’ claims, the Maryland Supreme Court involves a medical diagnosis. In addition, the justices declared recognized the growth of the social problem of youth suicide that, even if the counselor was negligent in his failure to refer and declared that the imposition of a legal duty upon school or notify parents, the student’s act of killing herself was the counselors to take steps to prevent student suicide was reasonable legal cause of her death thus relieving the counselor of legal where the professional has actual notice of such intent. responsibility. The New York Supreme Court Appellate Division ruled similarly when the sister of a high school student who The second case was brought in a federal court in Florida after shot himself while sitting in the vice principal’s office awaiting a thirteen-year-old committed suicide at home, following two discipline sued seeking compensation for her mental and attempts at school. The federal court was asked to interpret emotional distress (Shaner v. Greece Central School District and apply the Florida School Health Services Act to the facts 51 AD2d 662, 378 NYS2d 185 [NY App 1976]). of the case. It found that the mandate to schools to carry out school-based health services to “appraise, protect, and promote The first judicial recognition of a plaintiff’s rights in such the health of students,” together with the requirement of circumstances came in a federal civil rights lawsuit in Oregon district “health service” plans which provide for “consulting which began when a student confronted a teacher with a with students’ parents/guardians regarding the need for handgun in class. The teacher convinced the boy to accompany health attention,” required affirmative action on the part of him to an empty room to speak to the vice principal. The boy school personnel. Additionally, regulations obliged educators kept the gun in his waistband and produced a suicide note. The to immediately notify parents or responsible adults designated vice principal asked the boy to accompany him to the principal’s by the parents in the event of accident or serious illness. office. A police officer appeared and told the boy that he was Thus, pursuant to the duty to adequately supervise students, in trouble with the law. Minutes later the boy was allowed to school officials can be held liable for foreseeable injuries for go to the bathroom where he shot himself. The parents failure to notify parents when a child is in such an acute claimed that school officials violated their right to care, emotional state that he or she is not just talking about suicide, custody, and companionship of their son in violation of the but attempting it (Wyke v. Polk County School District 129 14th Amendment to the U.S. Constitution. The U.S. Circuit F3d 560 [11th Cir 1997]). Court of Appeals for the 9th Circuit ruled that parents do possess such rights and that they may recover damages if it Despite the recognition by the federal courts of constitutionally is proven that the public school authorities, while acting protected parental rights and the application of specific state according to some policy, regulation, or practice, deprived the statutes, state courts have not hesitated to provide broad- plaintiffs of that right without due process of law (Kelson v. based legal protection for schools. In Michigan, an intermediate City of Springfield 767 F2d 651 [9th Cir 1985]). appellate court applied state tort immunity laws to afford complete protection from liability for elected officials and the Two cases, one a state case and the other a federal court highest appointive executive officials in that state’s school decision applying state law, imposed greater responsibilities districts. In the case of Nalepa v. Plymouth-Canton upon educators where specific applicable statutes had been Community School District et al (207 Mich App 580, 525 promulgated. NW2d 897 [Mich App 1994]), a second-grade student hanged In 1991, the Supreme Court of Maryland, in Eisel v. Board himself from the safety rail of his bunk bed the night following of Education of Montgomery County (324 Md 376, 597 A2d a showing in his classroom of a movie depicting the struggles

4 of a young handicapped boy. In addition to immunizing the in this case, the court did state that a case of willful and school board and the chief executive officer, the Michigan wanton conduct could arise if a counselor fails to take any Court of Appeals declared that Michigan did not recognize the action upon learning of a student’s suicidal intentions. legal theory of educational malpractice, thereby releasing the dead boy’s teacher. In dissent, one justice wrote that it was her reading of the law that the failure of a counselor to notify parents of a student’s In Idaho, the state supreme court built on the Bogust and suicidal ideations after obtaining actual knowledge of impending Eisel precedents finding that there is no duty on the part of danger does, indeed, constitute willful and wanton disregard districts to promulgate suicide protection programs. Thus, for the student’s life and health (Grant v. Board of Trustees the board is protected by “discretionary immunity” for not of Valley View School District 221 Ill Dec 902, 676 NE2d doing so. Furthermore, teachers are under no general duty to 705 [Ill App 1997]). look for potential suicides or to take action to prevent such conduct. Where state law mandates protection of the health Finally, when a student has been identified pursuant to the and welfare of pupils, any legal obligation will run to those with special education laws, special legal circumstances arise. specialized training and actual knowledge of the suicidal To date, there appear to be two court decisions involving intentions of a specific student. Finally, a teacher who takes suicides by special education students. The first, an it upon him- or herself to try to assist a troubled student does unpublished ruling by a federal trial court in Maryland, arose not assume a legally enforceable duty to protect that person after the death of a junior high boy who had been identified (Brooks v. Logan 944 P2d 709 [Idaho 1997]). with a Serious Emotional Disorder (SED). The trial court summarily found for the educators on grounds of insufficient The only reported case to date in Illinois involved a senior in evidence specifically because of other evidence of a family high school who told friends that he was going to kill himself history of such conduct and that the boy was in the control of and wrote suicide notes. The friends reported to the counselor his mother when the act occurred (Scott v Montgomery who interviewed the boy and contacted his mother. The County Board of Education 120 F3d 262 [1997]) . counselor advised the mother to take her son to the hospital for drug overdose treatment. He did not mention the suicide The second decision comes from the U.S. Circuit Court of threat. On the way to the hospital, the young man leaped from Appeals in an Arizona case. In this case, a sixteen-year-old the moving automobile. Later, he jumped from a highway special education student identified as learning disabled with overpass and died. The mother’s law suit alleged negligence psychological and emotional problems had experienced a on the part of the district for not promulgating a suicide variety of problems over a seven-year period. Two months prevention program in accord with a state statute authorizing before his death, he told an aide that “maybe I would be better school boards to conduct inservice training for staff and off dead.” In a separate conversation, he told the aide that he mandating suicide intervention as a topic. The suit also was going to shoot himself. The aide informed the counselor. accused the counselor of negligence for failing to take They both knew that the boy had access to firearms. On the adequate precautions to prevent the suicide. day of his death, the boy was reprimanded by the principal for harassing an elementary student. During the conversation, in In accordance with the growing line of cases, the Illinois the presence of the school counselor, he threatened the Appellate Court read the Illinois School Code inservice training teacher who reported him, her son and her car. He was provision as a legislative grant of discretion to boards to adopt immediately suspended by the principal for security purposes. such training if deemed appropriate. Only if a specific board The principal instructed the counselor to drive the student chose to exercise that discretion would the suicide intervention home. The principal did not attempt to contact the parents training mandate apply. Consequently, the Illinois Local and did not instruct the counselor to do so, which is a direct Governmental and Governmental Employees Tort Immunity violation of district policy. The counselor drove the “very Act provides immunity from suit with regard to the exercise of angry” boy home and dropped him off without attempting to that discretion unless there is proof of willful and wanton determine if either of the parents were home. Later in the day, conduct. Moreover, the Tort Immunity Act specifically the parents returned to find their son dead from a self-inflicted immunizes public agents and entities for failure to diagnose gunshot wound. The trial court dismissed the federal civil physical or mental conditions or for misdiagnosing such rights case against the district but refused to do so with regard afflictions without commensurate proof of willful and wanton to the principal and counselor. Upon review, the federal conduct. Nevertheless, the justices explained that willful and appeals court upheld the trial court finding that a jury might wanton conduct may occur when someone possesses reasonably conclude that the individual defendants’ actions knowledge that circumstances pose a high probability that “created the danger” which caused the harm in violation of the someone may be seriously harmed and consciously disregards plaintiffs’ 14th Amendment substantive due process rights that knowledge. Thus, though the evidence was insufficient (Armijo v. Wagon Mound Public Schools et al 159 F3d 1253 [10th Cir 1998]).

5 Summary of Legal Principles The case law precedents in the area of student suicide are be held liable if a student suicide results from the application consistent with the results of the present research. Since the or misapplication of a law, policy, or practice of the school first reported court decision in 1961, there have been fewer and such a result could have been reasonably predicted. than 15 published decisions and they are inconsistent in their 6. Teachers who take it upon themselves to try to assist holdings and rationales. Nonetheless, there are a number of troubled students do not assume a legal duty to protect rules which can assist educators and policymakers: the student or to prevent harm. 1. The law does not require educators without specific 7. A clear trend is to find that professionals with specific training and experience to discover or diagnose psychiatric, training ( i.e., counselors, social workers, and psychologists) psychological, or emotional conditions which may lead to will be held to a duty to notify parents or guardians when a student doing harm to him- or herself. they possess actual knowledge of circumstances which 2. Without specific legal mandates, school districts are pose serious risk to the well-being of a student. This same under no duty to protect students from themselves or to duty may well apply to building principals under similar promulgate suicide prevention programs. circumstances. 3. Where there are laws or regulatory mandates, educators 8. The duty to exercise reasonable care in the prevention of are responsible for knowing the law and for strict adherence harm to students will outweigh confidentiality when a thereto. professional has actual knowledge of specific circumstances which pose grave danger to a specific 4. In the absence of specific state immunity statutes, courts person. have readily protected boards and executive personnel from civil liability in the exercise of their policymaking 9. If a special education student experiences suicidal discretion. In addition, state immunity statutes often ideations and it is reasonable to conclude that they are a provide additional measures of protection from liability. manifestation of the student’s disability, all involved school personnel must adhere strictly to the Individual 5. Federal courts have recognized a constitutionally protected Education Program (IEP) and all applicable law, “liberty interest” in the care, custody, and companionship regulations, and policies. of children. School districts and/or school personnel may

Findings and Recommendations

This research shows that more than 90 percent of school Recommendations districts with 1,000 or fewer students in Illinois have not had Openly recognize the problem. The initial, and most to cope with student suicide. Still, it is troubling that nearly 30 important, step in dealing with student suicide is for school percent of all student suicides reported in the past five years policymakers and educators to openly recognize the problem. cost the life of a boy or girl in a small school. Moreover, the Once this is accomplished, measures to overcome the social smallest schools, those with 500 or fewer enrollment, account stigma and “code of silence” can be employed to address the for 18 percent of the total self-inflicted deaths among Illinois issue constructively. Education of school leaders must precede young people. Clearly, small town Illinois provides no safe policy and programmatic initiatives. haven. Depression, substance abuse problems, and the loss of loved ones transcend geographic and urban boundaries. Gather resources and information. Resources are as close as the nearest school psychologist, counselor, community Equally as troubling is the finding that small and rural schools mental health agency, university, or Internet connection. The have not yet recognized and/or addressed the growing following web sites provide good references, resources and phenomenon of suicide among today’s youth. Those who are program ideas: apt to become the most involved, teachers and principals, have the least training and the least policy guidance. Community • American Association of Suicidology leaders have not addressed the problem for a variety of (www. suicidology.org) Among the information and reasons. There is still a very real social stigma accompanying resources provided are guidelines for schools in the the act of suicide. In addition, school leaders fear open aftermath of a suicide, guidebooks for school-based suicide discussion of the topic lest they accidentally provide the intervention and prevention programs, student involvement suggestion to an otherwise troubled young person. programming, a support group directory, and a speakers roster.

6 • American Foundation for Suicide Prevention about the ability of the district and its staff to prevent an (www.afsp.org) This organization funds research, occurrence which they are often powerless to do. That is not education, and treatment programs aimed at the prevention to say that educational leaders should continue to ignore this of suicide. The site contains a Youth Suicide link. growing problem among our youth — quite the contrary. Illinois law, in its direction to school boards to conduct • Yellow Ribbon Program of the Light for Life Foundation inservice training programs, specifically declares “(S)chool (www.yellowribbonsd.org) This site is devoted to the guidance counselors, teachers, and other school personnel prevention of youth suicide. The San Diego based who work with pupils in grades 7 through 12 shall be trained organization offers various resources, including crisis hotline to identify the warning signs of suicidal behavior in adolescents information, films, and the Yellow Ribbon Program. The and teens and shall be taught appropriate intervention and program is an ingenious early warning and prevention referral techniques” (Chapter 105, ILCS). effort employing yellow ribbons and Yellow Ribbon Cards as nonverbal “cries for help”. Where, as in Illinois, there is a mandate to train school people but none to promulgate comprehensive districtwide suicide Promulgate a district policy. Many districts have prevention programs, the simplest and most effective policy promulgated crisis management plans. Additionally, in the guidance a school district can provide is a mandate of full wake of the Columbine High School killings/suicides, there communication with parents and guardians. Indeed, the are renewed initiatives for schools to address these Illinois survey revealed that in virtually all law suits filed potentialities. Judging from the results of the present study, following the death of a child, the lack of notice to parents is there appears to be a general dearth of policy guidance for cited as a motivating factor in the decision to file the action. faculty and building-level administrators when it comes to Any such policy should mandate timely direct contact between student suicide. counselors, social workers, psychologists, principals, and parents. In a situation in which a student expresses suicidal The weight of the law is protective of educators who take ideations to a teacher or other staff member, there should be reason-based proactive stances to protect students from direction for the immediate report to the appropriate themselves in such circumstances. In fact, at least two professional personnel and building-level administrators. All states, Maryland and Florida, have passed laws mandating reports should be documented contemporaneously by the youth suicide prevention programs in the schools. To date, reporter with pertinent details, including the date, time, and Illinois has no corollaries, and there does not appear to be any persons notified. on the horizon. Still, some commentators advocate district- level suicide prevention policies and programs involving the To be sure, the ultimate responsibility for the welfare of total school staff (Rhea 1995). children still lies with parents and guardians. The courts continue to recognize that fact where there is no clear legal Such programs involve training of faculty and staff to recognize mandate otherwise. But as stated above, a clear trend in signs of depression and other indicators of suicide danger. judicial analysis in student suicide cases is to hold trained The danger in such comprehensive suicide prevention personnel to a duty of notice to those who are ultimately programs, other than those mandated by statute, lies in responsible. It is a duty which can be easily fulfilled and has administration. the greatest potential for advancing the best interests of the Unless regularly monitored, updated, and efficiently executed, troubled child. such policies pose a danger of creating false expectations

Conclusion

In the aftermath of the tragic suicide of thirteen-year-old Erin Illinois, the tragic lesson is being learned in too many of Lyn Melvin, Galva High School Principal Steve Johnson was America’s schools. forced to sit before the girl’s stricken parents and testify that, given what he thought he knew about their daughter, “there The days of dismissing youthful talk of self-destruction are was just no reason to think that this was a serious note” over. School personnel must take every suicide threat (Johnson 1998, p. 22). As of this writing, the school district seriously and employ all reasonable precaution to protect the has tried unsuccessfully to assert the Illinois Local child. Sadly, the deaths continue as does the grief and the Governmental and Governmental Employees Tort Immunity lawsuits, and in far too many cases, tragedy occurs for want Act as a basis for a motion to dismiss the case. As in Galva, of simple recognition of a problem or a timely telephone call.

7 References

Chapter 105, Illinois Compiled Statutes, Article 10, Section 22.39 (105 ILCS 5/10-22.39). Jackson, Wanda. 1999. Youth suicide: The school’s role in prevention and response. Bloomington, IN: Phi Delta Kappa Educational Foundation. Johnson, Steve. 1998. Deposition. Melvin v. Galva Community Unit School District No. 224. 1997. Illinois Circuit Court, 14th Judicial Circuit, Henry County, Illinois, Case No. 97- L 29. Rhea, Doris. 1995. The need for a school suicide prevention policy. NASSP Bulletin (April): 1-9. Centers for Disease Control and Prevention. 1998. Youth risk behavior surveillance, , 1997. Morbidity and Weekly Report 47 (SS-3) (August 14). Washington, D.C.: U.S. Department of Health and Human Services.

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